MP Judicial Services: High Court Orders Migration Of Meritorious Reserved Category Candidates To Unreserved Category In Future Recruitment Exams

The Jabalpur bench of the Madhya Pradesh High Court has said that henceforth in all future recruitment exams conducted by Examination Cell of the High Court benefit of migration shall be extended to meritorious reserved category candidates in unreserved category in all the stages of selection process.

The court said this whole hearing a plea seeking a direction to the direct the respondents including the High Court to select Meritorious Reserve Category Candidates against unreserved posts at every stage of selection process including preliminary and the main examination conducted by the examination Cell of the high court to secure a birth in U.R. category, if they have received same or more marks than the unreserved category.

A division bench comprising of Chief Justice Suresh Kumar Kait and Justice Vivek Jain in its order said “we direct that henceforth in all future recruitment exams conducted by Examination Cell of High Court of Madhya Pradesh benefit of migration shall be extended to meritorious reserved category candidates in unreserved category in all the stages of selection process”

The court however clarified that the ongoing recruitment examination conducted by the high court's Examination Cell wherein examination (preliminary or mains as the case may be) has already been conducted shall not be affected by the high court's order. 

The petitioner, the Anusuchit Jati, Evam Jan Jati Adhikari Karmachari Sangh (Ajjaks) argued that the existing system does not provide benefit of migration to meritorious reserved category candidates at every stage of selection process in spite of them securing equal or more marks than the lowest candidates of the unreserved category.

The petitioner further argued that no reserved category meritorious student has been placed against unreserved seats in preliminary examination. That has been done only in final results after mains examination and interview, leading to grave injustice to the reserved category candidates. This action violates the candidates rights guaranteed under Article 14 and 16 of the Constitution of India. 

The order refers to the high court's decision in Kishore Choudhary v. State of Madhya Pradesh had held that the principles laid down in Indra Sawhney judgement can be translated into reality only when reserved category candidate secured equal or more marks with U.R. category candidate is given birth in U.R. category in all stages of selection including preliminary and the main examination. 

The high court further noted that the Supreme Court in Deependra Yadav and others v. State of Madhya Pradesh had approved the legality and validity of extending the benefit of migration to meritorious reserved category candidates in unreserved category in all stages of selection

The court thereafter disposed of the plea. 

Case title: Anusuchit Jati, Evam Jan Jati Adhikari Karmachari Sangh (Ajjaks) Versus Mp High Court Of Madhya Pradesh And Others

Case no: WRIT PETITION No. 32834 of 2024

Citation: 2024 LiveLaw (MP) 305

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